HomeMy WebLinkAboutOrdinance 04- 1616 Amends alcohol provisions
ORDINANCE NO. 1616
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR REORGANIZATION OF AND GENERAL
REVISIONS TO THE ALCOHOL PROVISIONS OF THE BOZEMAN MUNICIPAL
CODE SUCH THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED SUCH
THAT TITLE 9 ARTICLE 7 BE AMENDED TO TITLE 9 CHAPTER 7 AND SHALL
CONTAIN THE REVISED ALCOHOL PROVISIONS AND THAT SECTIONS
9.70.010; 9.30.010; 9.32.005 THROUGH 9.32.040; 9.40.010; 9.84.010 THROUGH
9.84.040; 10.08.272; AND 10.08.210 BE REPEALED AND DECLARING THAT
SUCH SECTIONS BE NULL AND VOID AND OF NO EFFECT.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Title 9 Article (Chapter) 7 of the Bozeman Municipal Code be amended so that Title 9
Chapter 7 shall read:
"Title 9. Artiete Chapter 7.
Consumer r'rotection Alcohol Policy
9.70.010 General Provisions and Intent
The City Commission declares that alcohol possession and consumption by minors,
high risk drinking behaviors by minors, and the supply and sale of alcohol to minors have
negative and detrimental impacts on the community and are, therefore, a nuisance, and
constitute conduct calculated to disturb the public peace of the city and threaten the health,
safety and welfare of the citizens of Bozeman.
Significant problems exist when persons possess and consume alcoholic beverages
in an irresponsible manner. Such persons create a public safety hazard by their consumption
of alcoholic beverages and the subsequent driving of motor vehicles or violent encounters on
public property. Therefore, because of the negative and detrimental impacts of such behaviors
on the community, the irresponsible consumption and possession of alcoholic beverages which
disturb the public peace of the city are declared a nuisance and threaten the health, safety and
welfare of the citizens of Bozeman.
Final (July 12,2004)
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It is the intent of the City Commission to address those areas related to alcohol
access, consumption and usage which are not otherwise addressed by the current law in
Montana. Violations such as Endangering Welfare of Children (45-5-622), Unlawful
Transactions with Children (45-5-623), Unlawful Attempt to Purchase or Possession of
Intoxicating Substance (45.5.624), Driving under the Influence of Alcohol or Drugs or Operation
with Alcohol Concentration of .08 or More (61-8-401 and 61 ~8.406), and Operation of Vehicle
by Person under Twenty-one with Alcohol Concentration of .02 or More (61-8-410) have all
been specifically addressed by Montana law as noted and will be enforced within the City of
Bozeman under those laws. Disorderly Conduct and Public Nuisance (45-8-101 and 45-8~ 111 )
violations shall be addressed by state code. Noise issues shall be addressed through the
Noise Ordinance as applicable.
9.70.015 Definitions
The following words and phrases used in this chapter shall be defined as follows:
A. "Alcohol" means ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
B. "Alcoholic beverage" means a compound produced and sold for human consumption as a
drink that contains more than 0.5% of alcohol by volume.
C. "Beer" means a malt beverage containing not more than 7% of alcohol by weight.
D. "Director of Public Safety" means the Director or the Director's designee.
E. "Intoxicating substance" means a controlled substance, as defined in Title 50, chapter 32,
Montana Code Annotated or its successor provision, and an alcoholic beverage, including but
not limited to a beverage containing 112 of 1 % or more of alcohol by volume. Intoxicating
substance does not include dealcoholized wine or a beverage or liquid produced by the process
by which beer, ale, port, or wine is produced if it contains less than 112 of 1 % of alcohol by
volume.
F. "Knowingly" - a person acts knowingly with respect to conduct or to a circumstance described
by a statue defining an offense when the person is aware of the person's own conduct or that
the circumstance exists; a person acts knowingly with respect to the result of conduct when the
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person is aware that it is highly probable that the result will be caused by the person's conduct.
When knowledge of the existence of a particular facts is an element of an offense, knowledge
is established if a person is aware of a high probability of its existence.
G. "Liquor" means an alcoholic beverage except beer and table wine.
H. "Negligently"~ a person acts negligently with respect to a result or to a circumstance described
by a statue defining an offense when the person consciously disregards a risk that the result
will occur or that the circumstance exists or when the person disregards a risk of which the
person should be aware that the result will occur or that the circumstance exists. The risk must
be of a nature and degree that to disregard it involves a gross deviation from the standard of
conduct that a reasonable person would observe in the actor's situation. "Gross deviation"
means a deviation that is considerably greater than lack of ordinary care.
I. "Possession"means the knowing control of anything for a sufficient time to be able to terminate
control.
J. "Public places" means all streets, avenues, alleys and parks in the city, all municipal and public
buildings, and places to which the public or a substantial group has access, but does not
include premises licensed for the sale of alcoholic beverages at retail by the Department of
Revenue of the state, or the city. "Public place" does not include a private residence and its
contiguous real property [front or rear yard] or a private hotel or motel room so long as the
possession and consumption is in compliance with the Montana Alcoholic Beverage Code, Title
45 of the Montana code and this chapter; but does include the commonly shared areas such
as common hallways of a building or apartment complex, and areas of city right~of~way,
including sidewalks and streets.
K. "Public display or exhibition of open alcoholic beverages" means and includes the carrying and
exhibiting of open cans or bottles of any alcoholic beverage or the carrying and exhibiting of
glasses, cups, or other types of containers for alcoholic beverages, to, in, on or within any
public place within the city, even though empty, but does not include carrying or transporting
such alcoholic beverages from retail liquor or beer establishments in sacks, cases, boxes,
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cartons or similar containers with unbroken seals or when no display or exhibition is made and
does not include carrying or exhibiting any empty or discarded bottle, can or other container
solely for the purpose of disposal in a proper waste receptacle.
L. "Public drinking" includes the consumption or possession for the purpose of consumption of
open alcoholic beverages in or on any public place in the city.
M. "Purposely"- a person acts purposely with respect to a result or to conduct described by a
statute defining an offense if it is the person's conscious object to engage in that conduct or
to cause that result. When a particular purpose is an element of an offense, the element is
established although the purpose is conditional, unless the condition negatives the harm or evil
sought to be prevented by the law defining the offense.
9.70.020 Public Drinking or Display of Open Alcoholic Beverages. Open Containers. prohibited.
Public drinking or display or exhibition of open alcoholic beverages (open container) as defined
in Section 9.70.015 are prohibited, and it is unlawful for any person to engage in public
drinking, public display or exhibition of open alcoholic beverages (open container) within the
city limits.
9.70.030 Exemptions to Section 9.70.020
This provision shall not apply to a governmental agency for authorized activities conducted
upon the agency's premise.
9.70.040 Exceptions to Section 9.70.020
A. The Director of Public Safety may grant a waiver to the provisions of Section 9.70.020 for the
purpose of holding picnics, parties, reunions, barbecues or other public assemblies in public
parks, provided the number of adults does not exceed seventy~five. Larger groups shall seek
a waiver from the City Manager under section B below.
1. Applications which are for events only in a public park, and do not involve
more than seventy-five adults may be submitted without the public
assembly permit application. All public park reservations are separate
from the waiver process and a reservation for a park area does not
guarantee the issuance of a waiver under this section.
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2. An application shall designate either the applicant, or one or more
members of the group submitting the application, as the contact person for
the event. The contact person shall be present at all times during the
event, or shall arrange for an alternate contact person. The contact
person shall be in charge of the event and be responsible for those
attending the event.
B. The City Manager may grant a waiver to the provisions of Section 9.70.020 for activities
occurring in or on a public place other than a park.
1. All applications for a waiver under this subsection shall be made in
conjunction with an application for a public assembly permit in
conformance with the procedures in sections 12.32.040 through 12.32.080
or its successor provisions, which are incorporated herein by reference,
subject to any specific changes as contained in this section. The form for
such application shall be provided by the City and shall be signed by the
applicant.
2. An application must be filed in a timely manner prior to the event. Timely,
in this instance, is a minimum of fourteen days under this subsection. The
application may not be filed more than one hundred eighty days before the
event. The minimum period may be waived after due consideration of the
factors specified under subsection G of this section.
3. Applications submitted under this subsection shall have proof of insurance
in an amount acceptable to the City; and which includes the City as an
additional insured.
4. For applications under this subsection, a safety plan for the event shall be
submitted with the application, to be reviewed by the Director of Public
Safety or a designee( s). The safety plan shall address admission of those
who are under the legal age to drink, consequences when those under the
legal age are caught drinking, the policy for service of those who are
intoxicated or under the influence of alcohol, prohibiting those who are
intoxicated or who appear to be impaired or under the influence from
operating a motor vehicle by providing safe transportation alternatives,
actions to be taken in the event of a disturbance or medical or other
emergency, and other measures designed to maintain a safe environment
for those in attendance.
5. For applications submitted under this subsection, there shall appear in the
application arrangements for providing responsible beverage service for
any group of 50 or more adults. Responsible beverage service requires
that all beverage servers receive specific training through a recognized
program approved by the City prior to the event. A beverage server under
this section does not consume any alcoholic beverage during the event.
6. The application shall designate either the applicant, or one or more
members of the group submitting the application, as the contact person for
the event. The contact person(s) shall be present at all times during the
event, and shall not consume any alcoholic beverages during the event,
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and shall be in charge of and responsible for all beverage servers and
patrons.
C. In seeking a waiver to Section 9.70.020 the group leader or authorized representative shall file
with the Director of Public Safety, or City Manager as applicable, an application for a city
alcoholic beverage waiver.
1. All applications for a waiver shall be submitted to the City Manager's office
after payment of the appropriate fee to the Finance Department. This fee
shall be set by resolution of the City Commission This fee is a non-
refundable fee to cover administrative costs of processing the waiver.
Payment of the fee does not entitle the applicant to a waiver.
2. If the application is for the use of any city equipment or if any city services
shall be required, the applicant shall pay, prior to the issuance of a waiver,
the charges for those services in accordance with a schedule of service
costs approved by the City Commission by resolution.
3. If the event is to be held on a regular or recurring basis at the same
location, an application for a waiver for the calendar year or any portion
thereof may be filed at least sixty days and not more than one hundred
eighty days before the date and time of the first event proposed. The City
Manager or Director of Public Safety, as appropriate, may waive the
minimum period after due considerations of the factors under subsection
G of this section.
4. An application not acted upon within ten calendar days of submission, or
by the day of the event, shall be deemed denied.
D. Prior to the issuance of the waiver an investigation shall be made into the suitability and
compatibility of the proposed function with other activities and the surrounding area. In making
the investigation the Director of Public Safety or the City Manager shall consider the below
listed criteria in addition to those considerations under sections 12.32.040 through 12.32.080.
The Director of Public Safety or the City Manager may issue a waiver subject to consideration
ofthe relevant criteria and imposition of any conditions deemed necessary and reasonable, and
may, in his discretion, deny the waiver based upon the consideration of the relevant criteria,
the application, and any other information as may be otherwise obtained.
1. The type of activity, the hours involved, and the impact it may have on the
safe and orderly movement of pedestrian or vehicular traffic and any
significant negative impact on individuals living in the vicinity of the activity.
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2, The potential for the activity which is the subject of the application to
conflict or interfere with any other scheduled or permitted use of the area,
including the use of a public address system or amplification system.
3. Any previous history with the requesting party or organization, including
but not limited to past abuses of any privileges granted under this or any
similar chapter or provision, past successful requests, and any other
information which may be deemed pertinent to an evaluation of the
proposed event.
4. The impact of the activity on the resources of the City, including but not
limited to the need for additional policing, road service, clean-up crews,
and other services.
5. The need for and availability of any additional liability insurance over and
above the standards required by the City.
E. The Director of Public Safety or City Manager shall make an investigation, which shall include
input from appropriate City staff and may include any individuals who may be directly affected.
1. The granting of a waiver in no way abrogates the responsibility and liability
of the applicants, which includes but is not limited to cleaning up the area
and having a responsible contact person who, for events under subsection
B of this section, does not consume alcoholic beverages before, during or
after the event.
2. Any police officer shall have full authority to void a waiver for violation of
park or other rules and regulations, any term or condition of the waiver as
issued, or any ordinances or state law, committed by any member of the
group, which may include voiding of waivers for subsequent days. Such
action shall be immediately reported to the Director of Public Safety or the
City Manager for action in conformance with this chapter; and
3. Public address systems and amplified music may be permitted, and may
be subject to the provisions of the Noise Ordinance if so noted on the
waiver.
4. The City may include additional conditions as a part of the waiver. The
City will notify the applicant of such conditions.
F. The Director of Public Safety or the City Manager shall uniformly consider each application
upon its merits and shall not discriminate in granting or denying waivers under this chapter
based upon political, religious, ethnic, race, disability or gender related grounds.
G. Any application submitted in a less than timely manner as designated in this section may be
denied as untimely without further review, unless a waiver of the minimum filing period is
granted after due consideration of the date, time, place, and nature of the event, and a
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determination that the impact on city services and public safety will not be adversely impacted
by granting such a waiver. An approved application shall be given to the applicant by personal
delivery or by mail. If no action has been taken within 10 calendar days of submission or by
the date of the event, the application has been deemed denied.
H. Upon granting the waiver, a copy of the waiver shall be routed in accordance with 12.32.130
BMC, and to other individuals as may be appropriate in the discretion of the Director of Public
Safety or the City Manager.
I. In the event the City denies the waiver request, the City may authorize the activity at a different
time, date, or location and issue an alternate waiver to the applicant. (See sections 12.32.110)
A denial by the Director of Public Safety may be submitted to the City Manager for
reconsideration within four business days of the denial. If the City Manager does not act on
the request within ten calendar days it will be deemed denied.
J. In the event the waiver is denied by the City Manager, the applicant may appeal the decision
to the City Commission by submitting the completed application, as it existed at the time of the
decision by the City Manager, to the Clerk of the Commission together with a letter explaining
why the applicant believes the decision should be overturned, The appeal materials must be
received within seven calendar days of the decision by the City Manager. Appeals received
after that time will be returned as untimely. The Clerk of the Commission shall, upon receipt
of a timely appeal, schedule the public hearing, providing for appropriate notice according to
the applicable rules of the City Commission. To reverse the decision of the City Manager, the
concurring vote of a majority of the Commission shall be needed to approve the application or
approve the application with additional conditions. The decision of the City Commission shall
be final.
9.70.050 Possession of Open Alcoholic Beverages (Open Container) in Motor Vehicles Prohibited.
A. No person shall possess an open alcoholic beverage (open container) in the passenger area
of or on any motor vehicle when such vehicle is upon a public highway or street or in an area
used principally for public parking.
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s_ No person shall be in possession of, while in or on a motor vehicle upon a public highway or
street, or in an area used principally for public parking, any bottle, container or receptacle
containing such alcoholic beverage (open container) which has been opened, or the seal
broken, or the contents of which have been or may be partially removed.
C. It is unlawful for the owner or occupant of any motor vehicle to keep or allow to be kept in a
motor vehicle when such vehicle is upon the public highway or street, or in an area used
principally for public parking, any bottle or receptacle containing such alcoholic beverages
(open container) which has been opened, or the seal broken, or the contents of which have
been or may be partially removed, except when such bottle or receptacle is kept in the trunk,
or some other area of the vehicle not normally occupied by the driver or passengers,. A utility
compartment or glove compartment shall be deemed to be within the area occupied by the
driver and passengers.
9.70.060 Revocation of Waiver.
The City Manager shall have the authority to revoke a waiver instantly upon a violation of the
conditions or standards for issuance as set forth in this chapter or when a public emergency
arises. The revocation of a waiver due to an emergency shall not automatically operate to
revoke all waivers under a recurring event waiver. The revocation of a waiver upon violation
of the conditions or standards of the waiver shall automatically operate to revoke the entire
waiver for a recurring event. A new application may be submitted in the event of a revocation
of a recurring event waiver.
9.70.070 Violation of Chapter 7 ~ Penalty
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
S. Anyone found guilty of the offense of having an open container under section 9.70.020 shall
be fined an amount not less than $100 and not to exceed $500 or be imprisoned in the County
jail for a term not to exceed 6 months, or both. The first $100 of a fine under this section may
not be suspended.
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C. Anyone found guilty of the offense of having an open container in a motor vehicle under section
9.70.050 shall be fined an amount not less than $100 and not to exceed $500 or be imprisoned
in the County jail for a term not to exceed 6 months, or both. The first $100 of a fine under this
section may not be suspended.
D. Upon conviction, the Court may, in its discretion, order the payment of the costs of prosecution
or imprisonment, or both, as part of the sentence.
Section 2
That the Bozeman Municipal Code be amended by repealing sections 9.70.010; 9.30.010;
9.32.005 through 9.32.040; 9.40.010; 9.84.010 through 9.84.040; 10.08.272; and 10.08.210 and declaring
the same to be null and void and of no effect.
"Cnapter 9. 70 TRACTION [~JGI~J[C O~J CTR[CTC
9.70.919 Operating traction "I'gines on paved streets prohibited
It is ul,lavyful and a 'Violation of this chaptel tol any person who is the Ovvller of or in charge of
all} traction engine to run such engil,e over, upon or across, or pellllit such engine to stal,d
upon any paved street witl dl, the cit} linlits. [very pel 501 I violating the provisiol,S of this
chapter shall be guilty of a IllisdeIT'Ieanor."
9.30.910 Drinking il1toxiGath1g liquor in motor vehiGles pi ohibited.
No person shall drink or consul I Ie il,toxicating liquor in or 01, all} motor vehicle Vvl,el, such
vehicle is upon a public highway 01 ill al, area used principally tol public parking. No pel 501 , shall h8ve
in his possessioll, vvhile in or on a private motor vel,icle upon a public higllYYay, or in an area used
1'1 il,cipally tol public parking, any bottle or I eceptacle containing such alcoholic beverage whicl, lias been
opened, or the seal bl okel" or the contents of which I,ave been p8rti811y removed. It is unl8Mul fOI the
owner of any motol vehicle, or the driver, if the ownel is Ilot then present in 01 Ofl the motor vehicle, to
keep or allow to be kept ill a motor vehicle when sucl, vehicle is upon the public highvv8Y, or in all al ea
used principally for public parking, allY bottle or receptacle contail,illg such alcoholic bevel ages vi'hich has
beel, opened, or the seal broken, 01 the contents of whicn have beel, parti811y removed, except 'vi'hen such
bottle or receptacle is kept in the trunk of ti,e I.,otor vehicle wnen sucl, vehicle is equipped vvith a trunk,
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or kept in some other area of the vehicle not l,oll"ally occupied by the dl ivel 01 passengers, if the motor
vehicle is not equipped with a trullk. A utility compartment or glove cOl11partmer,t shall be deel.,ed to be
within the area occupied by the dl ivel al,d passengers. Any person violating the provisions of this section
shall be guilty of a misdel"eallol.
9.32.805 Definitions for Sections 9.32.010 through 9.32.015.
The following wOlds al,d phrases used in Cections 9.32.010 through 9.32.015 shall be defil,ed as follovvs:
A "Liquor" n,eans any alcoholic, spirituous, vir,ous, fermented, malt or other liquor wnich
contains n,ore than one percent of aleol,ol by neight.
D. "Deer" means al.y beverage obtained by alconolic fell"entation of an infusioll 01 decoction
of barley, malt, I,ops or ar,y sin,ilar products, containing IIOt II,ore than four percel.t of alcohol by weight.
C. 'T'ublic places" meal.s all streets, avenues, alleys al,d parks in the city, alllllulliGipal and
public buildings, but does IIOt illclude pren,ises licensed fOI the sale of liquor 01 beel at retail by the
Department of Revel,ue of the state, or the city.
D. "Public display 01 exhibition of beer or liquor" II leal IS al,d includes the call yillg and exhibiting
of open caliS 01 bottles of beer or the carrying and exl.ibitillg of glasses or otl,el t)pes of containers for
beer or liquor, even though empty, to, in, on or nithir, any public place vvithin the city, but does I.Ot include
carl}-ing or transporting such beer 01 Iiquol from retail liquor or beer establishments in sacks, cases, boxes,
cartons or similar containers witl. unbroken seals or wnen 1,0 display or exhibitiOl. is I"ade.
C. "rublic dril,kil,g" includes the drinkillg 01 cOl,suming of beer 01 liquor il' or on any public
place in the city.
9.32.010 Public drinking and display of beer or liquor prohibited.
rublic drillking and public display and exhibition of beer or liquor as defined in Cection
9.32.005 are plol,ibited, and it is unla~vful fol allY person to engage il. public drinking, public display or
exhibition of bee I 01 liquor nithin the city limits.
9.32.015 Exceptions to Section 9.32.010.
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A. The dil ector of public Mfety may grant a waivel to the pro'visions of Gectioll 9.::12.010 for the
purpose of holding picnics, parties, I eUl,iol,s and barbecues in public pal ks, provided the number of adults
does II0t exceed seventy fi'Y'e. Larger groups sllall seek a vvaiver from the cit~ COI1111,ission.
O. In seeking a waiver to Cectiol, 9.::12.010 tnegroup leadel 01 authoriz:ed representative shall
file vvith the director of public safety an application for a city park alcoholic beverage permit.
C. rrior to the issuance of the pell"it all illvestigation snail be I"ade into the suitability and
cOII,patibility of the proposed function with other park activities and tne surroUllding area. In making the
investigatiol, the director of public safety shall considel.
1. Type of gatnering (picnic, leUllioll, etc.),
2. Other uses of tile park at the Mme time;
::I. I lours of proposed use;
4. Use of a public address systen,;
:::. rotential disturbance to surroul,dil,g I,eighbors;
G. rast performance of the gl oup,
7. ~~eed for increased policing.
D. The director of public safety sl,allllave tel"l days to make all illvestigation. In additioll to the
above, it is fully undelstood that.
1. The granting of a waiver in no 'vvay ablogates tne responsibility arid liability of the
applicants;
2. Any police officel snail nave full authol ity to void a permit for violatiol' of park
loles alld regulations, or any ordinances, COlllll,itted by any rnembel of the group; and
3. rublic addless systems will be permitted, hOvvever, an1plified IlIusic shall not be
permitted.
9.32.030 Definitions for Section 9.32.040.
ror the general purposes of this chapter.
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A. "Intoxicating liquor" means any wine or liquol generally and ordinarily regarded as
intoxicating by the general run of people; and, specifically, it includes any alcoholic, spirituous, vinous,
fermented, ",alt or other liquor, which contail.s 11101 e than one percent of alcohol by vveight.
O. "rublic place" I.,eal.s al,d il,cludes any place, building, 100111 or con veyance to which the
public has or is permitted to have access, and any place of public resort.
9.32.040 Consuming intoxicatil'9 liquor in public prohibited
Intoxicating liquol lavvfully possessed by or lawfully in tl,e possession of any person IlIay be
kept, had, given and cOI.sUl"ed only in the residence or room in vvl.ich such person resides, except ii, the
case of beer purchased and consul.,ed pursuant to the Montana Oeel Act, and any beer licensing
ordinance of the city, al.d except as herein provided and permitted, 1,0 person shall consume il,toxicating
liquor, as defined in Cection 9.32.030, in any public place.
9.48.818 Intoxication in public places prohibited - Exceptions.
every person Y'liho is found drunk or intoxicated in any public place, 01 illtruding upon any
private premises without the COllsel,t of the occupant thereof, or vvho annoys or frightel,s
passersby on streets 01 sidevvalk 01 any public place,or is fOUI,d sleeping, while intoxicated,
in any public place, 01 UpOI. private premises without the COl,ser,t of the owner or occupant
thereof, or who coml..its al,y IluiMnce in any public place 01 upon private propel1y 01 1,"'Iakes
any indecent or impropel exposure of person , shall be deell,ed guilty of a violatiol. of this
chapter, and UpOI. cOl,viction punished as provided ill Cection 1.16.010. .
9.84.818 rurchase of liquor by persons under nineteen prohibited
~~o person under the age of I ,il.eteel , years shall purchase al.y il,toxicating liquor, beel or vvir,e
9.84.020 Sale of intoxicating liquor to minors prohibited
except in the case of liquor givel, to a I"inor by his or her pal el,t or guardian for bevel age or
medicinal purposes, or adn,inistered by his or her physician or dentist for I,ledicinal purposes, or sold to
hin, or her by a duly authorized vel.dor or druggist upon the pi escl iptiol' of a physicial., 1,0 person shall
sell, give or otherwise supply illtoxicatir,g liquor to a minor, 01 aid, ellcourage or abet al,y I.,il,or to consu",e
intoxicating liquor.
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9.84.030 Possession of liquor by pel sons under nineteen - J"'rohibited
~~o pelsoll vvho shall not have reached the age of nineteen yealS shall have in his or her
possession intoxicating liquor, beer, or wine.
9.84.848 Possession of liquor by persons under nineteen--DeeIYled nuisance.
The city COIIIII dssioll declares the possession of intoxicating liquor, beer or vville by an) person nho shall
II0t have reached the age of nineteen to be a nuisance, and to COllstitute conduct calculated to disturb the
public peace of the city and offensive to tile public morals of the city.
10.08.272 Legislative il,tel1t
It is the illtent of the cit) commission that the criminal offellses listed in 10.00.270 be an
offellse involving absolute liability. This offense shall I lOt lequire proof of anyone of the melltal
states described in subsectiollS (:3:3), (:37), and (~8) of Cection 45-2-101 M.C.A.
18.88.218 Driving while intoxicated or under the influence of drugs prohibited - Enforcement
procedures.
A. It is unlawful and punishable as pi ovided ill subsection C of this section for allY pel son vvho is under
the influence of intoxicating liquor to drive or to be ill actual physical control of any vel.ide vvithin this
municipality.
O. It is ulllavvful alld pUllishable as provided in subsection C of tl.is section for any person wllo is an
habitual user of or under the influence of any 11211 cotic dl ug, or vvho is under the influellce of any other drug
to a degree which renders him inGapable of safely driving 21 motor vehicle, to dl ive a 11,0tor vehicle within
tl ds IlIuniGipality. Tile fact that any person charged with a violatioll of this subsection is or lias beel'
entitled to use such drug under the laws of tllis state or municipality shall not cOI,stitute 21 defense against
any charge of violatillg tllis subsection.
C. [very pel SOil vvllo is convicted of a Jiolation of this section nill be punished by imprisonlllellt for not
more than six mOlltlls, 01 by fir'e riot exceeding five hundl ed dollars, or by both sucll fille and
imprisonment. On seGol,d GOII victiOll, he shall be punished by imprisol rlllellt ill the city j8il for not less tllan
ten days nor more than six months, to vvhich I My be added, 8t the discretiOlI of tile court, a sum of not less
than three hundred dollars nor 11101 e than five hundred. On the third 01 subsequent conviction he shall be
- 14- Final (July 12, 2004)
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punished by imprisonment for a term of not less than thirty days nor I..ole thai I one year. to vvnich rl1ay be
added. at the discretion of the court. a sun' offiJe nundred dollars but not more thai. ol.e thousand dollars.
D. Whenever it appears reasonably certain to any police officer that any person under tne influence of or
affected by the use of il,toxicating liquol 01 of allY drug 01 narcotic is about to operate a vehicle in violatiol,
of subsection A or 0 of this section, the officel I"ay take I easol.able measures to prevent any such person
fl 01.. so dOil.g, eitl,el by taki!.g fl 01.. I.il.. the keys of such vehicle and locking the same, or by sOI..e other
appropriate I.,eal.s. Ir I al.y such case, the officer snail in,mediately report tile facts to the police
department and snail, as soon as possible, deposit the keys or otl.e! articles, if any, taken from tne vehicle
or person with the police department. Such keys 01 otl.er articles I"l1ay be returned to any such pel son
UpOl1 his demand and pi oper idel.tificatio!. of hil.,self vvhen it appears tnat he is no longel ul.der the
il.fluel,ce of il,toxicatil,g liquol, dl ug or I.al cotic.
e. In any criminal prosecution for a violation of subsection A of this sec,tiol., lelatir,g to driving a venicle
while under the influence of intoxicating liquor, the all,ount of alcohol in the defendant's blood at the til"'le
alleged, as shown by chemical analysis of the defel ,dal It'S blood, urine, breatn or other bodily substance,
snail gi'Je rise to tne following presumptions:
1. If there \Jas at the time 0.05 percent or less by weigl It of alcohol in tne defendant's blood,
it shall be pi esul..ed that tl.e defel.dal,t vvas not under the influence of intoxicatil.g liquor.
2. If there was at that time in excess of 0.0:::; percent, but less than 0.10 pel cel.t by neight of
alcohol in the defendant's blood, suel. fael. shalll.ot give rise to any presumptiOl, that the defendant was
01 vvas II0t wide! the il,fluel,ce of intoxicating liquor, but such facts I.,ay be considered witn other
cOI"peter,t evider,ce in deterl"l1ining tne guilt or innocence of the defel,dal,t.
3. If there vvas at that tinle 0.10 percent or more by weigl.t of alcohol in the defendant's blood,
it shall be P! esul"ed that tile defendant vvas under tne influence of il.toxicatil.g liquor.
4. rei cellt by vveight of alcohol in tne blood snail be based UpOl1 grams of alcohol per one
nundred cubic centimeters of blood.
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5. The foreging provisions of pal agl aphs 1 through 4 of this subsection shall riot be cOllstrued
as limiting tile illtl oductioll of allY other COI l''Ipetent eV'idence bearing UpOl1 the question vvhether or not the
defelldallt vvas ul.del the influence of intoxicating liquor.
Section 3
ReDealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 4
Savings Provision. This ordinance does not affect the rights and duties that matured,
penalties that were incurred or proceedings that were begun before the effective date of this ordinance.
Section 5
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may
be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance
are declared to be severable.
Section 6
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the day of 2004.
ANDREW L. CETRARO, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
-16- Final (July 12,2004)
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the 12th day of July 2004.
ATTEST:
~J .d~)
RO IN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
~!~( _ tier'''''(, Crr"" A,7TW.,.}, 'I
PAUL J. LU E. I
City Attorney
- 17 - Final (July 12, 2004)